JAMES M. CRAWFORD
Criminal Defense & Appeals Attorney
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In California, a person can obtain a temporary restraining order (TRO) by filing a petition with the court. The petition must include specific information, such as the name and contact information of the person seeking the TRO (known as the “petitioner”), the name and contact information of the person against whom the TRO is sought (known as the “respondent”), and a detailed description of the conduct that the petitioner is seeking to restrain.
The petitioner must also provide a sworn statement (known as an “affidavit”) explaining the reasons for the TRO, including any instances of violence, threats, harassment, or stalking by the respondent. The affidavit must be signed by the petitioner in front of a notary public.
After the petition and affidavit have been filed with the court, a judge will review the materials and determine if there is sufficient cause to grant a TRO. If the judge determines that a TRO is warranted, they will issue the order, which will typically last for a period of about two weeks.
The respondent must be served with a copy of the TRO, either by the petitioner or by a law enforcement officer. Once served, the respondent is required to comply with the terms of the TRO, which may include staying a certain distance away from the petitioner and refraining from any further acts of violence, threats, harassment, or stalking.
A hearing will be scheduled within a few weeks to determine if the TRO should be extended for a longer period of time. Both the petitioner and the respondent have the right to attend this hearing and present evidence in support of their position. The judge will then decide whether to extend the TRO or to allow it to expire.
It’s important to note that the requirements for obtaining a TRO can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the case is being handled. It’s always a good idea to consult with a qualified attorney if you have questions about the process for obtaining a TRO in California.